Icahn Subsidiaries Sue EPA Over 2017 Biofuel Mandate

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By Brian Dabbs

Subsidiaries of a company owned by President Donald Trump’s regulatory czar, billionaire investor Carl Icahn, urged a federal appeals court to review the EPA’s 2017 biofuel mandate.

Coffeyville Resources Refining and Marketing LLC and Wynnewood Refining Co. LLC, two petroleum refiners that are forced to comply with the renewable fuel standard, filed the suit Feb. 9 in the U.S. Court of Appeals for the District of Columbia Circuit. The companies are subsidiaries of Icahn’s CVR Energy Inc Coffeyville Resources Ref. & Mktg v. EPA, D.C. Ct. App., No. 17-01044, 2/9/17 .

A governmentwide regulatory freeze issued at the outset of Trump’s presidency postpones implementation of the 2017 mandate, along with a range of other regulations, until at least late March.

Last November, the Environmental Protection Agency said refiners must mix 19.28 billion gallons of renewable fuel into the U.S. gasoline and diesel supply in 2017, including up to 15 billion gallons of corn-based ethanol.

Icahn has publicly pushed for a change in the compliance party schematic for the mandate, arguing that the program harms small, independent refiners. He is a special adviser to Trump on regulatory reform.

Perkins Coie LLP is representing the companies in the lawsuit.

To contact the reporter on this story: Brian Dabbs in Washington, D.C., at bdabbs@bna.com

To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

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